National Lok Adalat at Allahabad dismissed the first appeal by consent on the ground that no arguable issues survived, consistent with recent Apex Court and High Court decisions, and ordered payment within two months.
Appeal dismissed as withdrawn; appellant to pay decretal amount and interest within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Before National Lok Adalat, High Court of Judicature at Allahabad
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1903 of 2014
Appellant :- Shriram General Insurance Co. Ltd. Respondent :- Bhagirath And 2 Others Counsel for Appellant :- Nishant Mehrotra Counsel for Respondent :- K.Kumar Tripathi
Hon'ble Sudhir Agarwal,J.
"1. This appeal when instituted had certain arguable issues but during pendency and the subsequent judgments of Apex Court as well as this Court, have covered those issues by deciding matters against appellant and no more arguable issue is now surviving, hence appellant finds no reason to continue with this appeal and is giving consent for dismissal of appeal as not pressed.
2. The appellant has moved this application by his/her free consent and without any coercion/ pressure of any kind.
3. The whole decretal amount as awarded if not already paid shall be paid within two months from today.
4. Amount deposited at the time of filing of appeal, if not already remitted to Court below, be remitted forthwith and may be allowed to be withdrawn by respondent.
5. It is respectfully prayed that the appeal may be dismissed as withdrawn/ not pressed.
6. This withdrawal shall not affect any right to contest in any other cross appeal arising out of same issue."
Order Date :- 13.7.2019 KA
(Uttar Kumar Goswami, Adv.) (Sudhir Agarwal, J.)
Shriram General Insurance Co. Ltd.
Bhagirath
2 Others
Sudhir Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
